Ord 107-92 12/1/1992 a
ORDINANCE NO. 07- /L
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING ORDINANCE NO. 4-83 ,
PROHIBITING DISCRIMINATION IN EMPLOYMENT PRACTICES
AND PROVIDING AN ADMINISTRATIVE PROCEDURE FOR THE
HANDLING OF COMPLAINTS CONCERNING SUCH PRACTICES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. Ordinance No. 4-83 is hereby amended to read
as follows:
"DISCRIMINATION IN EMPLOYMENT PRACTICES
Section 1. Declaration of Policy.
A. It is hereby declared to be the policy of the City
of Wichita Falls to bring about through fair, orderly, and
lawful procedure, the opportunity for each person to obtain
employment without regard to race, color, religion, sex,
national origin, age, or physical or mental handicap.
B. It is further declared that this policy is
established under the recognition of the inalienable rights of
each individual to work to earn wages and obtain a share of
the wealth of this City through gainful employment; and
further, that the denial of such rights through considerations
based upon race, color, religion, sex, national origin, age,
or physical or mental handicap is detrimental to the health,
safety, and welfare of the inhabitants of the City of Wichita
Falls and constitutes an unjust denial or deprivation of such
inalienable rights which is within the power and the proper
responsibility of government to prevent.
Section 2 . General Definitions.
A. "Administrator" means the Administrator of the
Commission on Human Needs, or authorized assistant.
B. "Commission" means the City of Wichita Falls
Commission on Human Needs.
Page 2 of 9 Pages
Agenda Item No.
2
C. "Employee" means an individual employed by an
employer except that the term "employee" shall not include any
person elected to public office in this state, or political
subdivision of this state by the qualified voters thereof.
D. "Employer" or "general contractor" means a person
who has fifteen (15) or more employees for each working day in
each of twenty (20) or more calendar weeks in the current or
preceding calendar year, and any agent of such a person.
E. "Employment agency" means any person regularly
undertaking, with or without compensation, to procure
employees for an employer or to procure for employees
opportunities to work for an employer and includes an agent of
such a person.
F. "Handicapped person" means a person who has a
physical or mental impairment which substantially limits one
or more of such person's major life activities, has a record
of such an impairment or is regarded as having such an
impairment.
G. "Labor organization" means an organization, agency,
or employee representation committee, group or association in
which employees participate and which exists for the purpose,
in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rate of pay, hours or other
terms or conditions of employment.
H. "Person" includes one or more individuals, labor
unions, partnerships, joint ventures, associations,
corporations, legal representatives, mutual companies, joint
stock companies, trusts, unincorporated organizations,
trustees, trustees in bankruptcy or receivors, or any other
legal or commercial entity.
I. "Religion" includes all aspects of religious
observance and practice, as well as belief, unless an employer
demonstrates that he is unable to reasonably accommodate an
employee's or prospective employee's religious observance or
practice without undue hardship on the conduct of the
employer's business.
Section 3 . Prohibitions; Unlawful Employment Practices.
A. It shall be unlawful for employers:
(1) To fail or refuse to hire, to discharge an
individual, or otherwise to discriminate against an individual
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Agenda Item No.
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with respect to compensation, terms, conditions, privileges or
responsibilities f employment, because of race, color,
religion, sex, national origin, age, or physical or mental
handicap.
(2) To limit, segregate or classify an employee or
applicant for employment which would deprive or tend to
deprive an individual of employment opportunities or otherwise
adversely affect the status of an employee, because of race,
color, religion, sex, national origin, age, or physical or
mental handicap.
(3) To cause or attempt to cause an employer to
discriminate against an individual in violation of this
section.
B. It shall be unlawful for an employment agency to
fail or refuse to refer for employment or otherwise to
discriminate against any individual because of his age, race,
color, religion, sex or national origin, or to classify or
refer for employment any individual on the basis of his age,
race, color, religion, sex, national origin, or physical or
mental handicap.
C. It shall be unlawful for any employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-
the-job training programs, to discriminate against any
individual because of race, color, religion, sex, national
origin, age or handicap in admission to, or employment in, any
program established to provide apprenticeship or other
training.
D. It shall be unlawful for an employer to discriminate
against any of his employees or applicants for employment, for
an employment agency, or joint labor-management committee
controlling apprenticeship or other training or retraining,
including on-the-job training programs, to discriminate
against any individual or for a labor organization to
discriminate against any member thereof or applicant for
membership, because he has opposed any practice made unlawful
by this article, or because he has made a charge, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing under this article.
E. It shall be unlawful for an employer, labor
organization, employment agency, or joint-management committee
controlling apprenticeship or other training, or retraining,
including on-the-job training programs, to print or public or
cause to be printed or published any notice or advertisement
Page 4 of 9 Pages
Agenda Item No.
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4
relating to employment by such an employer or membership in or
any classification or referral for employment by such labor
organization or relating to any classification or referral for
employment by such an employment agency indicating any
preference, limitation, specification, or discrimination,
based on race, color, religion, sex, national origin, age, or
handicap; but a notice or advertisement may indicate a
preference, limitation, specification, or discrimination based
on religion, sex, national origin, age or handicap when
religion, sex, national origin, age, or handicap is a bona
fide occupational qualification for employment.
F. It shall be unlawful for any person to aid, incite,
compel, coerce, intimidate or participate in the doing of any
act, declared to be unlawful by the provisions of this article
or to obstruct or prevent any person from enforcing or
complying with the provisions of this article.
Section 4 . Employment Practices Which are not Unlawful.
A. It shall not be an unlawful employment practice for
an employer to hire and employer employees, for an employment
agency to classify, or refer to employment any individual, for
a labor organization to classify its membership or to classify
or refer for employment any individual, or for an employer,
labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining
programs to admit or employer any individual in any such
program, on the basis of religion, sex, national origin, age
or handicap in those certain instances where religion, sex,
national origin, age, or handicap is a bona fide occupational
qualification reasonably necessary to the normal operation of
that particular business or enterprise; and,
B. It shall be not an unlawful employment practice for
a school, college, university, or other educational
institution or institution of learning to hire and employ
employees of a particular religion, if such school, college or
university or other educational institution or institution of
learning is directed toward the propagation of a particular
religion, if such school, college, university, or other
educational institution, or institution of learning is, in
whole or in part, owned, supported, controlled, or managed by
a particular religion or by a particular religious
corporation, association, or society, or if the curriculum of
such school, college, university, or other educational
institution or institution of learning is directed toward the
propagation of a particular religion.
Page 5 of 9 Pages
Agenda Item No.
5
C. This ordinance shall not apply to a religious
corporation, association, educational institution, or society
with respect to the employment of individuals of a particular
religion, to perform work connected with the carrying on by
such corporation, association, educational institution or
society of its activities.
D. Notwithstanding any other provision of this article,
it shall not be unlawful for an employer to apply different
standards of compensation, or different terms, conditions or
privilege of employment pursuant to a bona fide seniority or
merit system, or a system which measures earnings by quantity
or quality of production or to employees who work in different
locations, provided that such differences are not the result
of an intention to discriminate because of race, color,
religion, sex, national origin, age, or physical or mental
handicap, nor shall it be unlawful for an employer to give and
to act upon the results of any professionally developed
ability test, provided that such test, its administration or
action upon the results is not designed, intended or used to
discriminate because of race, color, religion, sex, national
origin, age, or physical or mental handicap. It shall not be
unlawful under this article for any employer to differentiate
upon the basis of sex in determining the amount of the wages
or compensation paid or to be paid to employees of such
employer if such differentiation is authorized by the
provisions of Section 6(d) of the Fair Labor Standards Act of
1938, as amended [29 U.S.C. 206(d) ) .
E. Nothing contained in this article shall be
interpreted to require any employer, employment agency, labor
organization, or joint labor-management committee subject to
this article to grant preferential treatment to any individual
or to any group because of the race, color, religion, sex,
national origin, age, or physical or mental handicap of such
individual or group on account of an imbalance which may exist
with respect to the total number or percentage of persons of
any race, color, religion, sex, national origin, age, or
physical or mental handicap employed by an employer, referred
or classified for employment by an employment agency, or labor
organization, admitted to membership or classified by a labor
organization, or admitted to, or employed in, any
apprenticeship or other training program, in comparison with
the total number or percentage of persons of such race, color,
religion, sex or national origin in any community, state,
section, or other area, or in the available work force in any
community, state, section or other area.
Page 6 of 9 Pages
Agenda Item No.
6
F. Nothing contained in this article shall be construed
to repeal or modify any federal, state, territorial, or local
law creating special rights or preferences for veterans or
Indians.
G. Nothing contained in this article shall be construed
to make unlawful discrimination based upon the ages of persons
who are less than forty (40) or more than sixty-five (65)
years of age.
H. Nothing in this article shall be interpreted to make
unlawful discrimination with respect to aliens who entered and
reside in the United States illegally.
Section 5. Procedure.
Investigation and Conciliation.
The Commission on Human Needs of the City of Wichita
Falls is provided as an administrative vehicle for the
procedural handling of complaints concerning any person
engaging in an unlawful employment practice.
A. whenever a charged is filed with the Commission by a
person claiming to be aggrieved, alleging that an employer,
employment agency, labor organization, or joint labor-
management committee controlling apprenticeship or other
training or retraining, including on-the-job training
programs, has engaged in an unlawful employment practice, the
Administrator shall serve a notice of the charge (including
the date, place, and circumstances with as much specificity as
possible of the alleged unlawful employment practice) to such
employer, employment agency, labor organization or joint
labor-management committee (hereinafter referred to as the
"respondent") within ten (10) days. Provided, however, that
before any charge becomes accepted for investigative purposes,
the administrator or his representative shall have personally
reviewed with the charging party the allegations contained
therein and shall determine if said charge comes within the
provisions of this ordinance. In the event such review
results in the determination that a particular charge does not
come within the provisions of this ordinance,t he charging
party shall be given a clear and concise explanation of the
reasons why it does not. Records shall be maintained
indicating the reason(s) for which a charge was not accepted
for investigation. An investigation of charges accepted shall
be made by the administrator or his authorized representative.
The report of investigation results and recommendations shall
be filed with the Administrator of the Commission on Human
Page 7 of 9 Pages
Agenda Item No.
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7
Needs or his representative. A charge under this section must
be filed within not more than one hundred eighty (180) days
after the alleged unlawful employment practice occurred.
B. Charges shall be in writing under oath or
affirmation and shall contain such information and be in such
form as the Commission requires. Such charges shall not be
made public.
C. If the Administrator or his authorized
representative determines after investigation that there is
not reasonable cause to believe that the charge is true, the
Commission shall dismiss the charge and promptly notify the
person claiming to be aggrieved and the respondent of such
action.
D. If after investigation it is determined that there
is reasonable cause to believe that a charge is true, the
administrator or his representative shall endeavor to
eliminate any such alleged unlawful employment practice by
informal methods of conference, conciliation and persuasion.
nothing said or done during and as a part of such informal
endeavors may be made public by the Commission, the
Administrator, or his representative or be used as evidence in
a subsequent proceeding without the written consent of the
person concerned. All determinations shall be reasonable and
made as promptly as possible. At any time should a respondent
desire to enter into a predetermination settlement, same shall
be allowed, provided the aggrieved party and the Administrator
agree such is acceptable and promotable of the objectives of
this ordinance.
E. If the Administrator or his representative is unable
to secure from the respondent an acceptable conciliation
agreement after investigation, the Administrator or his
representative shall cause the case to be prosecuted in
Municipal Court or refer the case to the United States Equal
Employment Opportunity Commission.
Section 6. Enforcement.
A. In connection with any investigation of a charge
filed under this ordinance, the Administrator or his
representative shall, at all reasonable times, have access to,
for the purpose of examination and the right to copy, any
evidence of any person being investigated or proceeded against
that relates to unlawful employment practices and is relevant
to the charge under investigation and is not confidential as
provided by law.
Page 8 of 9 Pages
Agenda Item No.
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B. No person shall willfully obstruct, or prevent
compliance with this ordinance, or hinder or interfere with
the performance of the proper exercise of a duty, obligation,
right or power of the Commission or its representatives, or
other officials with duties, obligations, rights and powers
established by ordinance.
C. The Commission shall have authority from time to
time to issue, demand, or rescind suitable procedural
regulations to carry out the provisions of this ordinance.
Such rules and regulations shall be in conformity with
procedural due process and shall be subject to review and
approval by the City Council.
Section 7. Penalties.
Any person, firm or corporation violating any provision
of this article shall be guilty of a misdemeanor, and upon
conviction in Municipal Court thereof, shall be subject to a
fine of not more than Two Hundred ($200. 00) Dollars for each
violation hereof, and each day such violation shall be
permitted to exist shall constitute a separate offense. "
SECTION 2 . It is hereby officially found and determined
that the meeting at which this ordinance was passed was open
to the public as required by law.
PASSED AND APPROVED this /,' day of (Wee.iyjc-tt_,,
199 � .
M A Y 0
ATTEST:
City "lerk
Page 9 of 9 Pages
Agenda Item No.
Affidavit of Publication
THE STATE OF TEXAS
Ad 496463
ORDINANCE NO. 101-92 COUNTY OF WICHITA
ORDINANCE CLOSING HEAR-I
)(PaING AND FINDING CERTAIN 'e)
BUILDINGS AND/OR STRUC-
TURES TO BE DANGEROUS: 2 8 t h December
COMMANDING PROPERTY On this day of
OWNERS TO REPAIR OR DE-
MOLISH SAID BUILDINGS 1992
THIRTY R( 30)DAYS OF THE DATE A.D. personally appeared before me, the undersigned authority
OF THIS ORDINANCE AND
DECLARING AN EMERGENCY D a r i c e Ming bookkeeper
ORDINANCE NO. 102-92
A COUNCIL OFETHE C CI
ITYOF for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
WICHITA FALLS CALLING FOR A
SPECIAL ELECTION FOR JANU- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
'ARY 16, 1993, TO SUBMIT
PROPOSED AMENDMENTS TO
THE CITY CHARTER OF THE CITY Texas, and upon being duly sworn by me, on oath states that the attached
OF FORTH ITHE PROPOSED AMEND- advertisement is a true and correct copy of advertising published PRESCRIBING THE
FORM O S
F THE PROPOS TIONS; in one ( 1) issues thereof on the following dates:
NAMING ELECTION OFFICIALS
AND POLLING PLACES;FINDING
AND DETERMINING THAT THE December 18, 1992
MEETING AT WHICH THIS ORDI-
NANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS RE-
QUIRED BY L ,^
ORDINANCE NCE CE NO. 103-93 , `
ORDINANCE WAIVING APPEN-
DIX A,SUBDIVISION SECTION 9 Bookkeeper for Times Publishing Company
(B) (2) (a) OF THE CODE OF
1 ORDINANCES WITH RESPECT TO of Wichita Falls
PLACING CURB AND GUTTER
ON THE SOUTH SIDE OF BAILEY
ROAD, ADJACENT TO THE
NORTH OF LOT 1, BLOCK 1, AL) Subscribed and sworn to before me this the day and year first above written.
VAL-HOLLOW ADDITION
ORDINANCE NO. 104-92
ORDINANCE WAIVING SEC-
TION 27-29 OF THE CODE OF ��. ` 1
ORDINANCES WITH RESPECT TO
PLACING A SIDEWALK ALONG r�.-.>..,,.„,, �� Vj ��'� �'
THE NORTH LINE OF LOT 1, H
BLOCK 1, VAL-HOLLOW AD- *4; ORDINANCE NO 107-92
DITION ,„ A ORDINANCE OF THE CITY
ORDINANCE NO. 105-92 COUNCIL OF THE CITY 01
A ORDINANCE OF THE CITY �• c t 1„ S 2 WICHITA FALLS AMENDING OR.
COUNCIL OF THE C11TY OF ' 1 t- ;.1 • DINANCE NO. 4-83, PROHIBIT.
' WICHITA FALLS'R DING OR J 41 ING DISCRIMINATION IN EM.
DINANCE NO.'2-83;`PROHIBIT �''`'' ''-x '' PLOYMENT PRACTICES ANC
• ING DISCRIMINATION IN PUB PROVIDING AN ADMINIS•
LIC'ACCOMMODATIONS ANI TRATIVE PROCEDURE FOR THE
PROVIDING AN 'ADMINIS; HANDLING OF COMPLAINTS
TRATIVE PROCEDURE FOR THI CONCERNING SUCH PRAC• .
HANDLING OF COMPLAINT! 1 TICES; FINDING AND DE.
CONCERNING SUCH DIS _ TERMINING THAT THE MEETING
CRIMINATION FINDING AN! AT WHICH THIS ORDINANCE
DETERMINING THAT THE MEET - WAS PASSED WAS OPEN TO THE
ING AT WHICH THIS ORDI PUBLIC AS REQUIRED BY LAW
NANCE WAS PASSED WA! ORDINANCE NO. 108-92
OPEN TO THE PUBLIC AS RE _ ORDINANCE AMENDING
QUIRED BY LAW CHAPTER 14, ARTICLE III, SEC.
ORDINANCE NO. 106-92 TION 14-35 OF THE CODE Of
A ORDINANCE OF THE CITY ORDINANCES OF THE CITY OF
COUNCIL OF THE CITY O; WICHITA FALLS TO ADOPT THE
WICHITA FALLS AMENDING)-y 1993 EDITION OF THE NA•
ARTICLE II OF CHAPTER 13 OF ' - - ' TIONAL ELECTRICAL CODE
THE CODE OF ORDINANCES 01 ORDINANCE NO. 109-92
THE CITY OF WICHITA FALL! �' -5 AN ORDINANCE AMENDING
(SECTIONS 13-11 THROUGI.- THE ZONING ORDINANCE DE
AN
PROHIBITING DIS NITION OF A FLEA MARKET
CRIMINATORY HOUSING PRAC ORDINANCE NO. 110-92
TICES AND PROVIDING AN AD. AN ORDINANCE AMENDING
MINISTRATIVE PROCEDURE FOF THE WICHITA FALLS CODE OF
THE HANDLING OF COM. ORDINANCES, APPENDIX C ,.
PLAINTS CONCERNING SUCI• (ZONING ORDINANCE), RE-
PRACTICES. FINDING AND DE QUIREMENTS FOR HANDI-
TERMINING THAT THE MEETING CAPPED PARKING
•
AT WHICH THIS ORDINANCE ORDINANCE NO. 111-92
WAS PASSED WAS OPEN TO THE ORDINANCE MAKING AN AP-
PUBLIC AS REQUIRED BY LAW PROPRIATION IN THE GENERAL
ORDINANCE NO 107-92 FUND FOR ADDITIONAL GRANT
A ORDINANCE OF THE CITY REVENUE FROM THE TEXAS DE-
COUNCIL OF THE CITY OF PARTMENT OF HEALTH AND ,
WICHITA FAILS AMENDING OR. AUTHORIZING THE CITY MAN-
DINANCE NO. 4-83, PROHIBIT. AGER TO EXECUTE CONTRACT
ING DISCRIMINATION IN EM. ACCEPTING SAME •
PLOYMENT PRACTICES ANC ORDINANCE NO. 112-92
PROVIDING AN ADMINIS- FRDINANCE MAKING AN AP-
TRATIVE PROCEDURE FOR THE `ROPRIATION IN THE,GENERAL I
HANDLING OF COMPLAINTS IUND FOR ADDITIONAL-GRANT
CONCERNING SUCH PRAC• dEVENUE FROM THE?TEtXIA3 DE-
TICES; FINDING AND DE. 'ARTMENT OF HEALTH AND
TERMINING THAT THE MEETING WTHORIZING THE CITY MAN-
AT WHICH THIS ORDINANCE GER TO EXECUTE CONTRACT
WAS PASSED WAS OPEN TO THE 1CCEPTING SAME
PUBLIC AS REQUIRED BY LAW